Before the District consumers Forum:Kurnool
Present:Sri K.V.H.Prasad, B.A., LL.B., President
And
Smt C.Preethi M.A., LL.B., Member
Sri R.Ramachandra Reddy, B.Com., LL.B., member
Wednesday the 04th day of December, 2002
C.D.No.38/2002
Sri.C.A.Venkatesh Varma.
C.A.Venkaiah,
Aged 43 Years, Hindu,
Business, R/o 40-421/40,
Bhaskar Nagar,
Kurnool. … Complainant represented by his counsel
Sri.M.D.Y.Ram Moorthy & M.D.Y.jogaiah Sarma,
-Vs-
1. The Secretary,
The Kurnool Urban Co-Operative Credit Bank Limited,
Kurnool.
2. Sri.Amjad Ali Khan,
Chairman,
The Kurnool Urban Co-Operative Credit Bank Limited,
Kurnool. . . . Opposite parties 1&2 represented by their
Counsel Sri.A.Hari Hara Nadha Sharma
O R D E R
- This consumer dispute case of the complainant Sri.C.A.Venkatesh varma is filed under Consumer Protection Act seeking direction to the opposite parties for refund of the matured amount of Fixed Deposits showing in Schedule “A” with interest from the date of maturity till the date of repayment and also a sum of Rs.10,000/- and Rs.1,000/- towards damages and costs of the case respectively along with other reliefs which the Forum feels deem fit and proper in the circumstances of the case.
2. The complainant alleges that the complainant is the depositor of the Fixed Deposit mentioned in Schedule A and the opposite party is under liability to pay the interest stipulated and also amounts of maturity in case of both maturity and pre maturity with drawalas and the opposite parties inspite of several damages and notice did not honour the request of the complainant for refund of the Fixed deposit amounts with interest due thereof and the conduct of the opposite parties in with holding Fixed Deposit amount without any reasonable excuse is amounting to deficiency of service on their part.
3. The opposite parties in receipt of the notice even though made their appearance in this proceedings and engaged counsel Sri.A.Hari Hara Nadha Sarma as back as 13-03-2002 did not file any objection statement to the claim of the complainant inspite of several adjournments that were given on 12-04-2002, 29-04-2002, 24-05-2002, 26-06-2002, 24-07-2002, 25-09-2002 and 30-10-2002 and ultimately failed to file objection statement when the case stands to 29-11-2002 and on the other hand the opposite parties kept themselves unrepresented by the absence of themselves and their counsel on that date 18-01-2002.
4. From the above defaultive conduct of the opposite parties it appears that the opposite parties are not having any defence to the claim of the complainant. While such is so the documents filed by the complainant along with the complaint which are marked as Ex.A1 to Ex.A3 for appreciation is making out the case of the complainant and the cause of action against the opposite parties. In the absence of any material contradicting to the claim of the complainant made in this case, the complainant is remaining entitled to the reliefs as sought for against the opposite parties.
5. Consequently the complaint is allowed directing the opposite parties to repay the due amounts under the schedule A to the complainant with the stipulated rate of interest till the repayment of entire due amount and also a sum of Rs.10,000/- towards damages and Rs.1,000/- towards the costs of the complaint. For compliance of this order time of two months is given to the opposite parties from the date of receipt of this order.
Dictated to the Stenographer, typed to the Dictation, corrected by him, corrected by me, pronounced by us, in the open Court, this the 4th day of December, 2002.
Sd/-
PRESIDENT
Sd/- Sd/-
MEMBER MEMBER
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant:- Nil For the opposite parties:- Nil
List of Exhibits marked for the complainant:
Ex.A1 Are the Xerox copies of the Deposit Receipts (Nos.2).
Ex.A2 Is the Office copy of the Legal Notice dated 18-05-2001.
Ex.A3 Is the postal Acknowledgement.
List of Exhibits marked for the opposite parties:- Nil
Sd/-
PRESIDENT
Sd/- Sd/-
MEMBER MEMBER
